Department of Consumer Affairs sets up committee to develop comprehensive framework on the Right to Repair
Department of Consumer
Affairs sets up committee to develop comprehensive framework on the Right to
Repair
Farming Equipment, Mobile Phones/ Tablets, Consumer Durables and
Automobiles/Automobile Equipment among sectors identified for right to repair
in the 1st meeting of committee
Right to repair to generate employment through Aatmanirbhar Bharat by allowing
third-party and self-repairing of products
Framework to be in synchronization with call for global initiative of
LiFE movement by the Hon’ble Prime Minister
Why is it in news?
In a bid to emphasize on LiFE (Lifestyle for the Environment)
movement through sustainable
consumption, the Department of Consumer Affairs has taken a significant step
for developing an overall framework for the Right to Repair.
Highlights
· The aim of developing a
framework on right to repair in India is to empower consumers and product
buyers in the local market, harmonize trade between the original equipment
manufacturers and the third-party buyers and sellers, emphasize on developing
sustainable consumption of products and reduction in e-waste. Once it is rolled
out in India, it will become a game-changer both for the sustainability of the
products and as well as serve as a catalyst for employment generation through
Aatmanirbhar Bharat by allowing third-party repairs.
· The Department in this
regard, has set up a committee which shall be chaired by Smt. Nidhi Khare,
Additional Secretary, Department of Consumer Affairs, Government of India. The
committee includes Shri Anupam Mishra, Joint Secretary DoCA, Justice Paramjeet
Singh Dhaliwal, former Judge of Punjab and Haryana High Court, Former President
of State Consumer Dispute Redressal Commission, Punjab, Prof. (Dr.) G.S. Bajpai
Vice-Chancellor, Rajiv Gandhi National University of Law, Patiala, Prof. Shri
Ashok Patil, Chair of Consumer Law and Practice and representatives from
various stakeholders like ICEA, SIAM, Consumer Activists & Consumer
Organizations as members.
· The committee held its
first meeting on 13th July, 2022 wherein important sectors for right to repair
were identified. The sectors identified include Farming Equipment, Mobile
Phones/ Tablets, Consumer Durables and Automobiles/Automobile Equipment.
· The pertinent issues
highlighted during the meeting include companies avoid the publication of
manuals that can help users make repairs easily. Manufacturers have proprietary
control over spare parts (regarding the kind of design they use for screws and
other). Monopoly on repair processes infringes the customer’s’ “right to
choose”. Digital warranty cards, for instance, ensure that by getting a product
from a “non-recognized” outfit, a customer loses the right to claim a warranty.
Controversy Surrounding Digital Rights Management (DRM) and Technological
Protection Measure (TPM), DRM is a great relief for copyright holders.
Manufacturers are encouraging a culture of ‘planned obsolescence’. This is a
system whereby the design of any gadget is such that it lasts a particular time
only and after that particular period it has to be mandatorily replaced. When
contracts fail to cede full control to the buyer-the legal right of owners are
damaged.
· During the deliberations,
it was felt that the tech companies should provide complete knowledge and
access to manuals, schematics, and software updates and to which the software
license shouldn’t limit the transparency of the product in sale. The
parts and tools to service devices, including diagnostic tools should be made
available to third parties, including individuals so that the product can be repaired
if there are minor glitches. Fortunately, in our country, there exists a
vibrant repair service sector and third party repairs, including those who
cannibalize the products for providing spare parts for circular economy.
· Further, the international
best practices, steps that have been taken by other countries and how the same
could be included in the Indian scenario were also discussed in the meeting.
The right to repair has been recognized in many countries across the globe,
including the U.S.A, U.K and European Union. In USA, the Federal Trade
Commission has directed manufacturers to remedy unfair anti-competitive
practices and asked them to make sure that consumers can make repairs, either
themselves or by a third-party agency.
· Recently, the U.K has also
passed a law that includes all the electronic appliance manufacturers to
provide the consumers with spare parts for getting the repair done either by
themselves or by the local repair shops. In Australia, repair cafes are a
remarkable feature of the Australian system. These are free meeting places
where volunteer repairmen gather to share their repairing skills. Further, the
European Union passed legislation that required manufacturers to supply parts
of products to professional repairmen for a time of 10 years.
· Last month, Prime Minister
Shri Narendra Modi launched the concept of LiFE movement (Lifestyle for
Environment) in India. This includes the concept of reuse and recycling various
consumer products. Repair is a critical function of all forms of re-use and
even for the sustainable life of the products. A product that cannot be
repaired or falls under planned obsolescence i.e. designing a product with an
artificially limited useful life, not only becomes e-waste but also forces the
consumers to buy new products for want of any repair to reuse it. Thus,
restricting the repair of products forces consumers to deliberately make a
choice to purchase a new model of that product.
· The LiFE movement calls for
mindful and deliberate utilization of product. The rationale behind the “Right
to Repair” is that when we buy a product, it is inherent that we must own it
completely for which the consumers should be able to repair and modify the
product with ease and at reasonable cost, without being captive to the whims of
manufacturers for repairs. However, over a period of time it has been observed
that the Right to Repair is getting severely restricted, and not only there is
a considerable delay in repair but at times the products are repaired at an
exorbitantly high price and the consumer who has once bought the product is
hardly given any choice. Often the spare parts are not available, which causes
consumers great distress and harassment.
Vice President calls for focus on preventive measures to address the huge burden of genetic diseases in the country
Vice President calls for
focus on preventive measures to address the huge burden of genetic diseases in
the country
Lack of awareness is a major impediment in the prevention of thalassemia and
sickle cell anemia - VP
“Providing quality and affordable healthcare is a shared responsibility of
public and private sector,” says Shri Naidu
VP suggests making rural service mandatory for young doctors to address
shortage of manpower in rural India
VP inaugurates Blood Transfusion Unit and Advanced Diagnostic Laboratory at the
Thalassemia and Sickle Cell Society in Hyderabad
Why is it in news?
The
Vice President, Shri M. Venkaiah Naidu today highlighted the importance of
preventive measures to address the huge burden of genetic diseases like
thalassemia and sickle cell anemia in the country. He wanted the states to
undertake mass screening of the children for early identification and
management of genetic disorders.
Highlights
· Addressing a gathering
after inaugurating the Research Laboratory, Advanced Diagnostic Laboratory
and 2nd Blood Transfusion Unit at the Thalassemia and
Sickle Cell Society (TSCS) in Hyderabad today, the Vice President urged the
private sector and NGOs to complement the government’s efforts in combating genetic
diseases.
· Recognizing that the
available treatment options for these genetic conditions-- bone marrow
transplantation or regular blood transfusion - are cost intensive and
distressing to the child, Shri Naidu called for a comprehensive approach to address
the health challenge of Thalassemia and sickle cell anemia.
CCPA issues Advisory to e-commerce platforms on sale of Ayurvedic, Siddha and Unani drugs
CCPA issues Advisory to
e-commerce platforms on sale of Ayurvedic, Siddha and Unani drugs
E-commerce platforms asked to sell such drugs only after a valid prescription
of a registered Ayurveda, Siddha or Unani practitioner
Why is it in news?
The
Central Consumer Protection Authority (CCPA) has issued an Advisory to
e-commerce entities concerning the sale of Ayurvedic, Siddha and Unani drugs
containing ingredients listed in Schedule E (1) of the Drugs and Cosmetics
Rules, 1945. E-commerce platforms have been advised that the sale or
facilitating the sale of such drugs shall be done only after a valid
prescription of a registered Ayurveda, Siddha or Unani practitioner
respectively is uploaded by the user on the platform. Consuming such drugs without
medical supervision can lead to severe health complications.
Highlights
· As per Rule 161(2) of the
Drugs and Cosmetics Rules, 1945, the container of a medicine for internal use
for the treatment of human ailments shall, if it is made up of a substance specified
in Schedule E (1), be labelled conspicuously with the words “Caution: To be
taken under medical supervision” both in English and Hindi language.
· It may be mentioned that
the Ministry of Ayush issued a public notice on 01.02.2016 informing stakeholders
that the aforementioned drugs are required to be taken under Medical
Supervision and purchasing the same online should be avoided without medical
consultation.
· Under Section 18 of the
Consumer Protection Act, 2019, CCPA is empowered to protect, promote and
enforce the rights of consumers as a class, and prevent violation of consumers’
rights. Further, CCPA is empowered to prevent unfair trade practices and ensure
that no person engages himself in unfair trade practices.
· CCPA consistently monitors
the issues affecting consumer welfare. Recently, CCPA issued guidelines to
prevent unfair trade practices and protection of consumer interests with regard
to the levy of service charges in hotels and restaurants. CCPA has also issued
guidelines for the prevention of Misleading Advertisements and Endorsements for
Misleading Advertisements to protect consumers against such advertisements.
· To safeguard consumer
rights while shopping online, CCPA has issued an Advisory to all marketplace
e-commerce entities to ensure that details of sellers as mandated under
sub-rule (5) of rule 6 of the Consumer Protection (E-commerce) Rules, 2020
including name and contact number of the grievance officer are provided in a
clear and accessible manner, displayed prominently to users on the platform.
· CCPA has also issued Safety
Notices under Section 18(2)(j) of the Act to alert and caution consumers
against buying goods which do not hold a valid ISI Mark and violate compulsory
BIS standards. While the first Safety Notice was issued with regard to Helmets,
Pressure Cookers and Cooking gas cylinders, the second Safety Notice was issued
with regard to household goods including electric immersion water heaters,
sewing machines, microwave ovens, domestic gas stoves with LPG etc.